CentralGovernmentPensioners

Mercy petition for intervention under Article 14, 21 and 300A

To

Smt. Droupadi Murmu Ji
The Hon’ble President of India
Rashtrapati Bhavan, New Delhi – 110001.

Subject: Mercy petition for intervention under Article 14, 21 and 300A – For amendment of defective ToR of 8th Central Pay Commission dated 03.06.2025 which denies jurisdiction to recommend pension revision for 65 lakh pre-01.01.2026 pensioners – ToR is against D.S. Nakara verdict, against past CPC practice and against Finance Minister’s statement in Rajya Sabha.

Respected Madam,

I, Lokanath Mishra, Chief Adviser, All India Pensioners Association of Central Board of Indirect Tax and Customs (AIPACBIC), aged 71 years, a retired Central Government servant, beg to lay this representation before Your Excellency, the Supreme Guardian of the Constitution and protector of retired senior citizens, with folded hands.

  1. WHY I HAVE COME TO YOUR EXCELLENCY:

Madam, we have represented to Hon’ble Finance Minister Smt. Nirmala Sitharaman Ji and Hon’ble MOS Dr. Jitendra Singh Ji for amendment of ToR of 8th CPC. But no action has been taken. The file is being shuttled between Department of Expenditure and DOPT.

Your Excellency is the only hope for 65 lakh old pensioners and family pensioners, most of whom are above 70-80 years and are facing threat to right to life due to denial of pension revision.

  1. WHAT IS THE DEFECT IN ToR AND WHY IT IS AGAINST CENTRAL GOVERNMENT’S OWN POLICY:

a) ToR of 8th CPC vide Resolution dated 03.06.2025, Para 2(e) says: “To examine the principles which should govern the structure of pension and other terminal benefits”.

b) This is vague and defective. In contrast, ToR of 5th CPC Para 1.15, 6th CPC Para 2(e) and 7th CPC Para 2(f) explicitly said: “To examine and revise existing pension structure for all existing pensioners and to maintain parity between past and future pensioners”.

c) Hon’ble Supreme Court in D.S. Nakara Vs UoI (1982) 5 Judge Bench held pensioners are one homogeneous class, cut-off date classification is violative of Article 14.

d) Despite this settled law and settled practice, a defective ToR has been issued which omits the words “existing pensioners” and “parity”. This is against the policy of popular Central Government which has always been pro-pensioner and which gave full parity in 7th CPC.

Issuing such a defective ToR is against the interest of Central Government itself and will create resentment among 65 lakh families.

  1. ToR IS JURISDICTION – PAST JUDGMENTS CANNOT BE APPLIED BY CPC UNLESS ToR IS AMENDED:

Madam, ToR is the jurisdiction and scope of Pay Commission.

CPC is an Executive Body created by Government Resolution. It cannot travel beyond ToR. It cannot say “Though ToR does not say about pre-2026 pensioners, I will still recommend based on Nakara case”. If it does, Government will reject it as ultra vires and beyond mandate.

Therefore, quoting Supreme Court judgments before CPC is useless. The judgments are to be used NOW to amend ToR itself, before CPC starts working.

Otherwise each of 65 lakh pensioners will have to file writ in CAT/High Court and fight for 10 years, which a 75 year old cannot.

  1. ToR IS AGAINST FINANCE MINISTER’S SOLEMN ASSURANCE IN RAJYA SABHA:

Hon’ble Finance Minister Smt. Nirmala Sitharaman Ji has declared on the floor of Rajya Sabha during Finance Act 2025 debate that “the validation clause of CCS Pension Rules, 2025 would not affect the existing pensioners and their pension is protected”.

We have full faith in her statement.

But if existing pensioners are protected, then why ToR has been issued against the spirit of her statement in Parliament? ToR is silent on pre-2026 pensioners, which implies their exclusion. This contradiction between Parliamentary assurance and Executive Resolution must be resolved by Your Excellency’s intervention.

  1. PRAYER TO YOUR EXCELLENCY:

Under Article 14, 21 and 300A of Constitution and as protector of senior citizens, Your Excellency may kindly be pleased to:

a) Direct Ministry of Finance, Department of Expenditure to issue a Gazette Corrigendum immediately amending Para 2(e) of ToR of 8th CPC to explicitly include:

“To examine the existing pension structure and to recommend revision of pension, family pension and other terminal benefits for all existing pensioners and family pensioners who retired/died before 01.01.2026, maintaining full parity between past and future pensioners as per D.S. Nakara verdict, as done by all previous Pay Commissions and as assured by Government in Rajya Sabha”.

b) Direct that Finance Act 2025 validation clause shall not be used to deny parity to pre-2026 pensioners.

Your one direction will save 65 lakh old pensioners from destitution and from endless litigation and will uphold Constitutional morality.

Kindly treat this as SOS and final mercy petition of senior citizens.

With most profound regards and pranams,

Yours faithfully,

Lokanath Mishra
The Chief Adviser, AIPACBIC
At: Puri, Odisha.
Mobile: 9437314941
Email: jailoknathjee@gmail.com
Date: 13.09.2026

Copy forwarded for information and urgent action to:

  1. Smt. Nirmala Sitharaman Ji, Hon’ble Finance Minister, North Block, New Delhi
  2. Dr. Jitendra Singh Ji, Hon’ble MOS (PP), DOPT, North Block, New Delhi
  3. MOS Finance, Ministry of Finance, North Block, New Delhi
  4. Secretary, Department of Expenditure, Ministry of Finance, North Block
  5. Secretary, DOPT, North Block, New Delhi

50 thoughts on “Mercy petition for intervention under Article 14, 21 and 300A”

    1. PALANIYANDI KARUPPIAH

      I hereby submit my kind request to honorable President of India on behalf of 65 lakhs pensioners and family pensioners to intervene
      the 8th CPC ToR & include the pension revision with party for all pensioners and family pensioners.

    2. PALANIYANDI KARUPPIAH

      I hereby submit my kind request to honorable President of India on behalf of 65 lakhs pensioners and family pensioners to intervene
      the 8th CPC ToR & include the pension revision with party for all pensioners and family pensioners.

  1. Svrs retired in 2004

    PSU general insurance special voluntary retirees around 30000 are snatched with accrued pension fixation benefits DR benefits since 22years but no authority of government is responding

  2. My comment is what prompted the authority to exclude the pre 01.01.2026 pensioners from considerstion. This is unbelievable.

    1. Sir, This is MP Banker Rtd. Sr. TOA from BSNL Guntur SSA. Rtd. May 2014. So far our bsnl pensioners pension revision couldn’t finalised since 01/01/2017. Do favour on our issue if possible.

  3. Why the 8 th pay commission not following the the procedure as followed by past 7 pay commissions? For Next tenure our PMji lost his confidence as become as PM? Undercwhat authority ToR changed by fin.minister?

  4. If suppose, this government is not adhere to pensioners request, what is the next course of action, you proposed to do, (a) holding dharna (b) holding procession in major hubs (c) road blockade on high ways (d) hunger strike (e) all pensioners returning back their Aadhar cards in Originals back to Govt (f) holding meetings at every HQs drawing attention of Govt. (g) Individually representing to President. (f) Release of 18 months DA, with holded during deadly Corona period. (h) Reducing Gratuity recovery period to 12 years. and refund of excess recovery made. (i) Holding rally on every month till govt.acceding to demands. (j) Rail roko at every junctions.

  5. Very appropriate in the vague tor issued to 8th cpc committee. If Her excellency President does something, well & good.

    Let’s hope.

    1. Shri Narender Modi
      Prime Minister
      Respected sir,
      I am a senior citizen of + 86 years and retired from Central goverment after giving +39 years of my services in Nov. 2000.
      The Government is proposing to exclude pre 1./1/2026 pensioners for consideraton. This would be clear discrimination between pensioners and violation of Article 14 of our Constitution which provides Right to Equality.
      II therefore request your highness to intervene in the matter and assure Right to Equality for all pensioners, irrespective of their date of retirement.
      Thanking you.
      Yours faithfully,
      Vp chopra
      Retired Director/UPSC
      And lakhs of other retired govt. employee.
      Dt. 15 September 2026

    1. Govt. Is doing injustice to the 65lac Pensioner why PM is not noticed. These is not good for BJP party hence we have to unite open our voice and show our strength. 👍

  6. Govt. isdoing injustice to more than 65 thousands of central govt. Pensioners including Defence Pensioners by not following Jurisdictions decision given in the favour of Pensioners ,Where’s Mps, mlas pension &allowances which are not authorized as they after Elections automatically gets all pays &allowances like Shri Lanka govt.all pay &allowances are cuts Volunteerly.for reducing burden of loans,why Indian mp mlas take decision in favour of National interest, all Pensioners served the country more than 20 yrs.

    1. The request filed by Sri Lokanath Mishra is logically and respectful to Supreme commander is very right. We are with him for any support even hunger strike till commander agrees.. Jai hind

  7. Hope and wish this-the rightful appeal may have fruitful outcome!
    If not; does Supreme Court can interfere to amend this baseless/illogical -TOR.
    Otherwise, give a loud call to the whole fraternity to be on roads and streets across the country.

  8. Pranam Madam, It is the Right of Pensioner Who hv dedicated done Service to Country irrespective of Their Own Health issues, Odds, Obstructions During their 35 to 40 years of Service.

  9. Correct reight move to avoid the future actions to get justice. Even if we fight later and win, we may not be alive to available the sanctions. Your prior action has to be sustained before 8ccpc recommendstions are submitted.
    Selvakumar

  10. KISHOR CHANDRA PATNAIK

    Dear Mishra Sir, Namaste.
    This was really necessary.
    Thanks for the Nice drafting which reflecting OUR complete sentiments.
    With Regards and Thanks.
    Sri K C Patnaik.

  11. I am extremely excited to see the needful at the earliest and Oblige the most needed and humble request to H’ble president of free India for her excellency in good cause. I am also surprised for such fiasco because a small lapse will cause tremendous loss to all veterans. Thanks

  12. I dont think the govt. is going to disappoint 65 lakhs old pensioners. But certainly they thought of having some loophole in solving the validation clause.

  13. Validation clause was a check on t he earlier decisions but not going to link with 8 th CPC. The present terms of reference is considered as a generalised one.

  14. Chandrahas Kaiyore

    Very apt and timely action, which is much needed to safeguard the interest of the Pensioners who are in their last stage of life. Thanks for this Yeomen action

  15. JAI PRAKASH CHOUBEY

    Honourable President of India. Please accept the mercy petition of 65 Lakh pensioners. Govt can’t to do unjust to pre 2026 pensioners. It’s humble request, please intervene so as TOR must include Pre 2026 pensioners and so 8th CPC will do pure justice to all pensioners.

    Yours faithfully
    EX Junior Warrant Officer
    Indian Air Force

  16. Shri Narender Modi
    Prime Minister
    Respected sir,
    I am a senior citizen of + 86 years and retired from Central goverment after giving +39 years of my services in Nov. 2000.
    The Government is proposing to exclude pre 1./1/2026 pensioners for consideraton. This would be clear discrimination between pensioners and violation of Article 14 of our Constitution which provides Right to Equality.
    II therefore request your highness to intervene in the matter and assure Right to Equality for all pensioners, irrespective of their date of retirement.
    Thanking you.
    Yours faithfully,
    Vp chopra
    Retired Director/UPSC
    And lakhs of other retired govt. employee.
    Dt. 15 September 2026

  17. Abhichandra Karki

    We have to move against the TOR for the justice of the Pre2026 Pensioners from the creamy layers to the greasy level of retired employees.

  18. The mischief began with change in validation clause in CCS Pension Rules 2025 authorising Govt to create classifications amongst pensioners.
    The assurance given by FM in Rajya Sabha was vague and carefully worded to just assure that pension of old pensioners will be protected, in other words will not be reduced.
    This was with clear ore-meditated intent to ignore that class from the revision benefits of 8th CPC. The fear has come true.
    Old pensioners are not going to get any benefits in 8th CPC recommendations.
    Highly appreciable move by Mishra sir. More such representations need be filed.

  19. Umeshchandra Gohil

    “We urgently request an amendment to the Terms of Reference to ensure justice for retired government employees and to address the critical distress currently felt within the community.”
    Why government is silent.

  20. When the reference is to bring about paritybetween the old and new pensioners such unfair discrimination undermines the dignity of old pensioners between the age of 70 to 80.If the govt.wants to economise to reduce expenditure why dont it stop giving exorbitant tax free multiple pension to MPs and MLAs.What a height of hypocrisy

  21. The minority central government take
    action against the people of india in all
    fronts. E20 petrol my vehicle the
    mileage come to half. To get enormous
    money to the pockets of some
    relatives of the people in minority power.
    Shri. Nitishkumarji and Naiduji must
    advice the minority government to
    do some service to the public.
    Dwindling ram temple and all riches
    of temples and without any hesitation
    doing all illegal things. If the old
    pensioners are not taken care of under
    the constitution many will die
    without food and medicine. This is what
    they want. So all pensioners should
    come forward and do peaceful
    agitations. throughout india including
    help from all parties and CJP.

  22. Modi govt. is anti Govt. Servants and more so Pensioners. COCKROACH JANATA PARTY should take this issue and fight tooth and nail for JUSTICE.

  23. Nirmala Sitaram very cleverly stated that the pension of existing pensioners would be protected!!!
    Right, that means what they’re getting now won’t be reduced, but they should not expect any hike by implementation of recommendations of the 8th CPC!!!

  24. In case of NPS 14% from Govt side and in case of UPS, 18.5% from Govt side is being credited towards pension fund accumulation from the very beginning of their services. But in case of OPS , nothing is paid during their services , rather they are paid pension on and average up to 10 to 15 years by the Govt. In order to raise the funds Govt pays much more money to NPS/UPS employees than the pension under OPS.. My point is , why Govt is so reluctant to revise the pension under OPS and issued validation of pension Act 2025 . And case of pensioners retired prior to 01.01.2026 under OPS , is not incorporated in ToR to the 8th CPC. So filing mercy petition to the Hon’ble President is justified. And prior to the submission of 8th cpc report, ToR is required to be amended. Thanks for the initiative taken.

  25. हिजड़ा / सीआईए (अमेरिका) का एजेंट आरएसएस से उम्मीद मत पालो कुछ नहीं मिलने वाली, मुर्मू रखैल है आरएसएस की वो भी कुछ नहीं करेगी

  26. Vasagiri Ankanna, Hyderabad
    September 18th. 2026
    A very good decision taken to address Honourable H. H. President of India to intervene at this juncture to help 65 thousand Pensioners and family pensions. I will strongly support this action.
    Jaisrimannarayana

  27. Prakash Chandra Behera

    This decision or proposal of central government is contrary to humanity and against the principle of existence, is it not as good as massacaring all old people who have rendered service to their motherland?Let us hope good sense prevail upon authorities.

  28. S P SAMBANDA MURTHY

    the nakara judgement in favour of pensioners upheld by the highest court shoul not be put aside, by flimsy TOR of the 8th pay commission committee. already thousands have worked in higher grades with lower grade salaries while in service facing humiliation. many have also left this world and their families are struggling to make ends meet. validation act 2025, dissolves their left over aspirations of leading a modest life during pink phase to dust under the carpet. we request the honourabele first citizen of the nation to have mercy on us and do us a favour…. thank you.

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